Everyone talks about promoting our exports and hooking in to the emerging economies as the means of leveraging our economic blahs. With Americans consumers still considered the walking dead, and likely to remain so for some time, anyone hoping for job growth and overall improvement in the American economy recognizes that we need to get other countries to buy our stuff.

Unfortunately, someone seems determined to piss off our potential trade partners. Worse, that “someone” is the office of U.S. Trade Representative (USTR), the folks in charge of getting trade agreements negotiated and boosting trade. If that seems odd, take a look at the most recent Special 301 Report (aka “the IP Naughty List”) released by the USTR at the end of April. Pretty much everyone we want to trade with is on either the “naughty” or “very naughty” list. True, some countries, such as Russia and China, appear genuinely naughty — in the sense that massive wholesale counterfeiting and infringement appears to be going on while the governments appear relatively uninterested in enforcement. But a large number of other countries — Canada, Israel and Brazil, to name a few — appear on the list because they failed to modify their laws to suit the demands of the U.S. pharmaceutical industry and the U.S. entertainment industry.

My colleague at Public Knowledge Rashmi Rangnath, has written up a general summary of what USTR got wrong (again!). I want to focus here on how this fits into a creeping systemic problem with USTR’s approach.  While the U.S. remains a strong market, we no longer rule the roost. The time when we could simply dictate to other countries what we expected of them and could force them to amend their constitutions, sell off vital natural resources, and dance for our amusement as a condition of getting access to our markets are pretty much over. You would think after holding up ACTA for three years trying to get other countries to adopt the MPAA’s wish list and then finally being forced to cave at the end would have impressed this point on the good folks at USTR, if not on the utterly uneducable lobbyists that make up the vanguard the IP Mafia. Alas, to judge by the USTR’s conduct here, USTR still lives in a fantasy-land where it can snap its fingers and the world hastens to do our IPR bidding. Anyone hoping for a more sensible approach in the negotiations around the Transpacific Partnership Agreement (TPPA) should prepare for disappointment, which is bad news for all those businesses hoping for a trade deal with some of the world’s fastest growing economies.

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